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Citation
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Judgment date
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| December 2021 |
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10 December 2021 |
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7 December 2021 |
| October 2021 |
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5 October 2021 |
| September 2021 |
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1 September 2021 |
| August 2021 |
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Court upheld ACD and section 34, struck down BOU freezing/immunity provisions and ordered protracted freezes lifted.
Constitutional law – Judicial organisation – Chief Justice’s power to create divisions of the High Court; Anti‑corruption law – Section 34 Anti‑Corruption Act – Court‑ordered freezing/restriction of assets; Property rights – Article 26 and limitations under Article 43 – proportionality and reasonable time; Financial regulation – Sections 118 & 124 FIA – Central Bank power to freeze accounts and immunity from suit; Access to court – right to judicial review of executive/regulatory freezing orders; Remedies – discharge of prolonged freezing orders; No damages where insufficient evidence.
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26 August 2021 |
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23 August 2021 |
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19 August 2021 |
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19 August 2021 |
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Court struck down key Anti‑Pornography Act provisions as vague, unjustifiably limiting expression and infringing privacy and property rights.
Constitutional law — Criminal law vagueness — Definition of "pornography" overly broad and vague — Principle of legality (Art.28(12)) — Freedom of expression limitation unjustified (Art.43) — Enforcement powers infringe privacy, property and liberty (Arts.23,26,27) — Evidentiary rules in constitutional petitions.
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13 August 2021 |
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9 August 2021 |
| July 2021 |
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The court held elections in new districts in 2016 unconstitutional, but upheld the Electoral Commission's legitimacy and MPs' dual cabinet roles.
Constitutional law – validity of parliamentary elections in newly created districts – interpretation of conflicting statutes – competence of Electoral Commission – separation of powers – dual role of Members of Parliament as Cabinet Ministers.
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29 July 2021 |
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23 July 2021 |
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Court upheld Press and Journalist Act provisions, dismissing applicants' challenges to media regulation and licensing.
Constitutional law — Freedom of expression — Challenge to Press and Journalist Act — Void-for-vagueness and Article 28(12) — Public morality limitation and Article 29(1)(a) — Media Council composition, ministerial powers and regulatory independence — Licensing/accreditation and professional regulation of journalism — Suspension pending appeal — Justifiability under Article 43(2)(c) (proportionality/necessity).
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23 July 2021 |
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23 July 2021 |
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Prohibition of contingent‑fee agreements in the Advocates Act and related regulation is not unconstitutional; petition dismissed.
* Constitutional jurisdiction – Article 137 – petitions challenging statutes and regulations for inconsistency with the Constitution.
* Advocates Act – Contingent Fee Agreements – s.55(1)(b) and Regulation 26 – constitutionality of prohibiting CFAs.
* Freedom of contract – not absolute; Parliament may regulate professions for public interest.
* Section 51 requirements for remuneration agreements – protective formalities and enforceability; application to representative suits.
* Role of courts v. Parliament – policy or reform arguments are for the legislature, not constitutional nullification absent inconsistency.
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22 July 2021 |
Constitutional law—military tribunals—General Court Martial—jurisdiction—military discipline—trial of civilians—service offences—constitutional authority—independence and impartiality—military law and civil offences—rights to fair trial—legislative intent—constitutional interpretation—consistency with constitutional provisions—remedies
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1 July 2021 |
| May 2021 |
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Constitutional Court lacks jurisdiction over disguised election petitions; Section 86 provides the High Court remedy and s.86(5) appeal limit is void.
Constitutional jurisdiction – Article 137 – limits of Constitutional Court jurisdiction; Election law – Parliamentary Elections Act s.60–61 vs s.86 – membership questions; Procedure – Section 86 application to Attorney General and High Court for vacancy determination; Appeal route – s.86(5) inconsistent with Article 86 to the extent it permits appeal to Supreme Court; Disguised election petition doctrine.
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25 May 2021 |
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11 May 2021 |
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4 May 2021 |
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4 May 2021 |
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4 May 2021 |
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4 May 2021 |
| April 2021 |
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Six‑month statutory timeframe for parliamentary election appeals is directory; late Court of Appeal judgments are not void.
Constitutional law – election petitions – appellate jurisdiction – Article 132 and Section 14 Parliamentary Elections (Amendment) Act 2010 – six‑month statutory timeframe for election appeals held directory not mandatory – delayed appellate judgments not void – binding effect of Supreme Court precedent.
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27 April 2021 |
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27 April 2021 |
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27 April 2021 |
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27 April 2021 |
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27 April 2021 |
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27 April 2021 |
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Whether the Electoral Commission could 'retire' its voters register and substitute it with National ID data without breaching Article 61(1)(e).
Electoral law – Voters’ register – Article 61(1)(e) – duty to compile, maintain, revise and update; limits on 'retiring' register; use of National ID databanks as an aid, not substitution; administrative fairness and right to vote; scope of Article 64 appeals vs constitutional interpretation.
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27 April 2021 |
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Majority: petition dismissed for lack of Constitutional Court jurisdiction; dissent would have declared unregistered “People Power” activities contrary to Article 72(2).
Constitutional jurisdiction — Article 137 — distinction between interpretation petitions and enforcement/rights petitions; Political organisations — Article 72(2) — requirement to conform to Article 71 and to register before operating as political parties/organisations; Freedom of association — Article 29(1)(e) — scope and limits where associational activity overlaps regulated political‑party functions; Procedural — suing non‑registered entities vs individuals; Attorney General duties — Article 119(4)(a) and limitations of AG’s obligation to act.
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27 April 2021 |
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27 April 2021 |
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Constitutional Court struck petition challenging internet and mobile-money shutdowns for lack of Article 137 interpretative jurisdiction.
Constitutional jurisdiction — Article 137 — interpretation versus enforcement; freedom of expression and ‘‘other media’’ (internet/social media); Article 43 limitations and proportionality; rights to livelihood (mobile money) and emerging digital rights; petition struck out for lack of interpretative question.
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27 April 2021 |
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1 April 2021 |
| March 2021 |
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18 March 2021 |
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EC's failure to review constituencies after censuses breached Articles 61 and 63; Parliament's county‑creation practice violated Articles 63 and 179.
Constitutional law — Electoral law — Article 63(1) (Parliament prescribes number of constituencies) vs Article 63(5) (EC must review/re‑demarcate within 12 months of census) — failure to review after 2002 and 2014 censuses unconstitutional; Parliamentary creation of counties/constituencies without following constitutional/local‑government procedures contravenes Articles 63 and 179; retention of one woman MP per district lawful under Article 78(2).
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18 March 2021 |
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18 March 2021 |
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Parliament may set nomination fees; higher fees not automatically unconstitutional absent proof they unjustifiably limit the right to stand.
Constitutional law – public participation in legislation – no constitutional time‑frame; Electoral law – nomination fees – permissibility and proportionality of fees as regulatory measures not additional qualifications; Right to stand – derogable right subject to demonstrably justifiable limitations; Comparative practice in election law.
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15 March 2021 |
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Constitutional Court dismisses petition as res judicata; enforcement of rights and damages must be pursued in High Court.
* Constitutional law – Article 137 – jurisdiction of the Constitutional Court limited to ‘‘questions as to interpretation’’; res judicata applies to constitutional interpretations previously decided.
* Separation of powers – Parliamentary inquiries and PAC reports cannot be relitigated where constitutional interpretation has already been determined; enforcement and factual disputes belong to ordinary courts under Article 50.
* Consent judgments – treated as contracts; can be set aside only on ordinary contractual/estoppel or illegality grounds in a competent court.
* Judicial accountability – judges are accountable to constitutionally mandated bodies (e.g., Judicial Service Commission) as clarified by higher court authority.
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15 March 2021 |
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The Court dismissed the applicants' challenge to Busoga leadership elections for lacking a constitutional interpretation question.
Constitutional jurisdiction – Article 137 – Constitutional Court’s jurisdiction limited to interpretation of the Constitution; disputes over cultural institution leadership (Article 246) are factual and may be pursued under Article 50 or by judicial review; res judicata where prior court decisions addressed the same constitutional questions.
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15 March 2021 |
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11 March 2021 |
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9 March 2021 |
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Applicant’s challenge to Government–company agreement dismissed for lacking constitutional interpretation and failing on merits.
Constitutional jurisdiction – Article 137 – requirement of a question as to interpretation; equality and non‑discrimination (Art.21) – limits of challenge where no statute is impugned; economic rights (Art.40(2)) – requirement to prove deprivation of right; public finance and guarantees (Arts.152–159, 153–154) – matters for judicial review/Parliament; procedural bars – prior dismissal and non‑joinder; right to fair hearing – necessity to join directly affected private party.
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4 March 2021 |
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Petition challenging closed party primaries and nominations struck out for lack of justiciable constitutional question.
* Constitutional law – political parties – internal primaries and nominations – private party processes versus citizens’ voting rights; * Justiciability and jurisdiction – whether exclusion from party primaries raises a constitutional question; * Electoral law – candidate nomination and the limits of constitutional review of party internal affairs.
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1 March 2021 |
| February 2021 |
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22 February 2021 |
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Court declared Rule 11 discriminatory, read Section 2(1) as directory, upheld Section 19(4), and dismissed budget‑omission claim.
Constitutional law — civil procedure — statutory notice before suing State — directory v mandatory construction; Equality before the law — Rule giving Attorney General longer time to plead discriminatory and unjustified; Public finance and separation of powers — execution against Government and the Consolidated Fund; Burden of proof for alleging failure to appropriate judgment debts.
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9 February 2021 |
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Court dismissed unequal‑pay and access‑to‑information petition, finding no substantial constitutional interpretation issue and insufficient evidence.
Constitutional jurisdiction – Article 137 – distinction between interpretation and enforcement; Equality and non‑discrimination – Article 21 – burden to prove discrimination attributable to prohibited grounds; Equal pay for equal work – Article 40 – differences may be justified by objective factors and statutory autonomy; Access to information – Article 41 and Access to Information Act 2005 – statutory enforcement mechanisms and requirement to exhaust remedies.
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4 February 2021 |